Crestlawn Memorial Park, Inc. v. City of Atlanta

Ingram, Justice.

Appellant operates a cemetery (place of burial) in the City of Atlanta. The city imposed a sanitary service charge against appellant’s property for cleaning the street in front of the cemetery. The trial court found as a matter of fact that, "[t]he [appellant] does not voluntarily place any rubbish, trash, or refuse upon the streets on which its property abuts, but there are trees on [appellant’s] property alongside the streets from which leaves naturally fall upon the streets. The [city] in cleaning the abutting streets removes leaves, rubbish, trash and refuse from the…